Emanuel S. v. Joseph E.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*84OPINION OF THE COURT
Harwood, J.
This appeal requires that we determine whether grandparents are legislatively authorized to seek judicial intervention as an aid in efforts to visit a grandchild, notwithstanding the objection of both of the child’s natural parents, neither of whom has abdicated or forfeited parental responsibility. We conclude that they are not, and rule that the Family Court, Nassau County, should have granted the parents’ motion to dismiss the visitation proceeding, without reaching the issue of whether the best interests of the child warranted a visitation order.
The…
2Cases cited14 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Carey v. Population Services InternationalSupreme Court of the United States · 1977
- Lo Presti v. Lo PrestiNew York Court of Appeals · 1976
- In re Peter L.New York Court of Appeals · 1983
- People Ex Rel. Sibley v. SheppardNew York Court of Appeals · 1981
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3Cited by4 opinions
- Emanuel S. v. Joseph E.New York Court of Appeals · 1991
- Doe v. SmithNew York City Family Court · 1993
- Frances S. v. Rachel K.Appellate Division of the Supreme Court of the State of New York · 1990
- Novick v. GalasoAppellate Division of the Supreme Court of the State of New York · 1991